Title 30 TAC 116.180 - 183, July 8, 1998Synopsis of specific rules from air permitting that were in effect on this date.http://www.tceq.com/permitting/air/permitbyrule/historical_rules/old116/798/180.htmlhttp://www.tceq.com/@@site-logo/tceqlogo-3colors.gif

Title 30 TAC 116.180 - 183, July 8, 1998

Synopsis of specific rules from air permitting that were in effect on this date.

(a) The provisions of this subchapter implement FCAA, §
112(g), Modifications, and 40 Code of Federal Regulations Part 63,
Hazardous Air Pollutants: Regulations Governing Constructed or
Reconstructed Major Sources, Subpart B, Requirements for Control
Technology, as amended December 27, 1996. Affected sources (as
defined in § 116.15(1) of this title (relating to Section
112(g) Definitions)) subject to this subchapter are those sources
for which EPA has not promulgated a MACT standard under 40 CFR Part
63. For purposes of this subchapter:

(1) "Construct a major source" means the following:

(A) to fabricate, erect, or install at any green field site a
stationary source or group of stationary sources which is located
within a contiguous area and under common control and which emits
or has the potential to emit ten tons per year of any hazardous air
pollutant (HAP) or 25 tons per year of any combination of HAPs;

(B) to fabricate, erect, or install at any developed site a new
process or production unit which in and of itself emits or has the
potential to emit ten tons per year of any HAP or 25 tons per year
of any combination of HAPs, unless the process or production unit
satisfies clauses (i)-(vi) of this subparagraph:

(i) all HAPs emitted by the process or production unit that
would otherwise be controlled under the requirements of this
subchapter will be controlled by emission control equipment which
was previously installed at the same site as the process or
production unit;

(ii) either of the following regarding control of HAP
emissions:

(I) the executive director has determined within a period of
five years prior to the fabrication, erection, or installation of
the process or production unit that the existing emission control
equipment represented best available control technology (BACT),
lowest achievable emission rate (LAER) under Title 40 Code of
Federal Regulations (CFR) Part 51 or 52, toxics-best available
control technology (T-BACT), or maximum achievable control
technology (MACT) based on state air toxic rules for the category
of pollutants which includes those HAPs to be emitted by the
process or production unit; or

(II) the executive director determines that the control of HAP
emissions provided by the existing equipment will be equivalent to
that level of control currently achieved by other well-controlled
similar sources (i.e., equivalent to the level of control that
would be provided by a current BACT, LAER, T-BACT, or state air
toxic rule MACT determination);

(iii) the executive director determines that the percent control
efficiency for emissions of HAP from all sources to be controlled
by the existing control equipment will be equivalent to the percent
control efficiency provided by the control equipment prior to the
inclusion of the new process or production unit;

(iv) the executive director has provided notice and an
opportunity for public comment concerning its determination that
criteria in clauses (i)-(iii) of this subparagraph apply and
concerning the continued adequacy of any prior LAER, BACT, T-BACT,
or state air toxic rule MACT determination;

(v) if any commenter has asserted that a prior LAER, BACT,
T-BACT, or state air toxic rule MACT determination is no longer
adequate, the executive director has determined that the level of
control required by that prior determination remains adequate;
and

(vi) any emission limitations, work practice requirements, or
other terms and conditions upon which the determinations in clauses
(i)-(v) of this subparagraph are predicated will be construed by
the executive director as applicable requirements under FCAA,
§ 504(a), and either have been incorporated into any existing
permit issued under Chapter 122 of this title (relating to Federal
Operating Permits) for the affected source (as defined in §
116.15(1) of this title (relating to Section 112(g) Definitions))
or will be incorporated into such permit upon issuance.

(2) "Reconstruct a major source" means the replacement of
components at an existing process or production unit that in and of
itself emits or has the potential to emit ten tons per year of any
HAP or 25 tons per year of any combination of HAP, whenever:

(A) the fixed capital cost of the new components exceeds 50% of
the fixed capital cost that would be required to construct a
comparable process or production unit; and

(B) it is technically and economically feasible for the
reconstructed major source to meet the applicable MACT emission
limitation for new sources established under this subchapter.

(b) The requirements of this subchapter apply to an owner or
operator of an affected source (as defined in § 116.15(1) of
this title (relating to Section 112(g) Definitions)) who constructs
or reconstructs on or after June 29, 1998, the effective date of
§ 112(g)(2)(B), unless the affected source in question has
been specifically regulated or exempted from regulation under a
standard issued under the FCAA, § 112(d), (h), or (j) and
incorporated in another subpart of Part 63, or the owner or
operator of such affected source has received all necessary air
quality permits for such construction or reconstruction project
before the effective date of § 112(g)(2)(B). Administratively
complete applications submitted prior to June 29, 1998, are not
subject to the requirements of this subchapter.

(c) Affected sources as defined in § 116.15(1) of this
title (relating to Section 112(g) Definitions)) subject to the
requirements of this subchapter are not eligible to use a standard
permit under Subchapter F of this chapter (relating to Standard
Permits) unless the terms and conditions of the specific standard
permit meet the requirements of this subchapter.

116.181
Exclusions

(a) The requirements of this subchapter do not apply to electric
utility steam generating units unless and until such time as these
units are added to the source category list under FCAA, §
112(c)(5).

(b) The requirements of this subchapter do not apply to
stationary sources that are within a source category that has been
deleted from the source category list under FCAA, §
112(c)(9).

(c) The requirements of this subchapter do not apply to research
and development activities, as defined in 40 Code of Federal
Regulations, § 63.41.

(d) Nothing in this subchapter shall prevent a state or local
agency from imposing more stringent requirements than those
contained in this subchapter.

116.182
Application

Consistent with the requirements of 40 Code of Federal
Regulations, § 63.43 (concerning maximum achievable control
technology determinations for constructed and reconstructed major
sources), the owner or operator of a proposed affected source (as
defined in § 116.15(1) of this title (relating to Section
112(g) Definitions)) shall submit a permit application as described
in § 116.110 of this title (relating to Applicability).

116.183 Public Notice
Requirements

Proposed affected sources (as defined in § 116.15(1) of
this title (relating to Section 112(g) Definitions)) shall comply
with the public notice requirements contained in § 116.130 of
this title (relating to Applicability).